Judge denies lawsuit against wording of Newport’s Measure Y

Ballot language regarding proposed land development changes in Newport Beach will remain, according to an Orange County Superior Court judge, who on Monday directed petitioners in a lawsuit to get out into the community with their opinions.

Judge Franz Miller denied a petition calling for a rewrite of the November ballot question and city attorney’s analysis of Measure Y, a proposed amendment to the land-use element of the city’s general plan. Miller said the two Newport Beach residents seeking the changes had filed their lawsuit too late.

Measure Y would decrease development potential in some areas of the city, particularly Newport Coast, and increase it in others, particularly near John Wayne Airport and Newport Center.

A ballot statement submitted by the city describes Measure Y as a way to reduce traffic. Susan Skinner and Bert Ohlig sued the city clerk and the Orange County registrar-recorder, saying there was a “complete lack of impartiality” in the language.

“You would not be able to tell that there was a massive development that was planned,” Skinner argued in court.

Skinner and Ohlig also contended the description was misleading because it compared traffic anticipated under the plan with hypothetical traffic if all possible development were built.

But the judge said the two failed to show that the information in the statement was “patently false.”

“Petitioners are asking this court to effectively adopt arguments against this measure,” said lawyer John Ramirez, who argued on behalf of the city.

Ramirez also criticized the residents for trying to make changes “at the 13th hour.”

Skinner, a doctor, and Ohlig, an engineer, spent more than $400 to file the suit. It was cheaper than the suggested community outreach will be, Skinner said.

But Miller said it is not the court’s place to intervene in matters of opinion: “The remedy for bad speech is more speech,” he said.